Title PEN, Penal

§ 130.85 Female genital mutilation.\n 1. A person is guilty of female genital mutilation when:\n (a) a person knowingly circumcises, excises, or infibulates the whole\nor any part of the labia majora or labia minora or clitoris of another\nperson who has not reached eighteen year…

§ 130.90 Facilitating a sex offense with a controlled substance.\n A person is guilty of facilitating a sex offense with a controlled\nsubstance when he or she:\n 1. knowingly and unlawfully possesses a controlled substance or any\npreparation, compound, mixture or substance that…

§ 130.91 Sexually motivated felony.\n 1. A person commits a sexually motivated felony when he or she commits\na specified offense for the purpose, in whole or substantial part, of\nhis or her own direct sexual gratification.\n 2. A "specified offense" is a felony offense defined …

§ 130.92 Sentencing.\n 1. When a person is convicted of a sexually motivated felony pursuant\nto this article, and the specified felony is a violent felony offense,\nas defined in section 70.02 of this chapter, the sexually motivated\nfelony shall be deemed a violent felony offen…

§ 130.95 Predatory sexual assault.\n A person is guilty of predatory sexual assault when he or she commits\nthe crime of rape in the first degree, a crime formerly defined in\nsection 130.50 of this title, the crime of aggravated sexual abuse in\nthe first degree, or course of se…

§ 130.96 Predatory sexual assault against a child.\n A person is guilty of predatory sexual assault against a child when,\nbeing eighteen years old or more, he or she commits the crime of rape in\nthe first degree, a crime formerly defined in section 130.50 of this\ntitle, the cr…

§ 135.00 Unlawful imprisonment, kidnapping and custodial interference;\n definitions of terms.\n The following definitions are applicable to this article:\n 1. "Restrain" means to restrict a person's movements intentionally and\nunlawfully in such manner as to interfere substanti…

§ 135.05 Unlawful imprisonment in the second degree.\n A person is guilty of unlawful imprisonment in the second degree when\nhe restrains another person.\n Unlawful imprisonment in the second degree is a class A misdemeanor.\n

§ 135.10 Unlawful imprisonment in the first degree.\n A person is guilty of unlawful imprisonment in the first degree when\nhe restrains another person under circumstances which expose the latter\nto a risk of serious physical injury.\n Unlawful imprisonment in the first degree i…

§ 135.15 Unlawful imprisonment; defense.\n In any prosecution for unlawful imprisonment, it is an affirmative\ndefense that (a) the person restrained was a child less than sixteen\nyears old, and (b) the defendant was a relative of such child, and (c)\nhis sole purpose was to ass…

§ 135.20 Kidnapping in the second degree.\n A person is guilty of kidnapping in the second degree when he abducts\nanother person.\n Kidnapping in the second degree is a class B felony.\n

§ 135.25 Kidnapping in the first degree.\n A person is guilty of kidnapping in the first degree when he abducts\nanother person and when:\n 1. His intent is to compel a third person to pay or deliver money or\nproperty as ransom, or to engage in other particular conduct, or to\nr…

§ 135.30 Kidnapping; defense.\n In any prosecution for kidnapping, it is an affirmative defense that\n(a) the defendant was a relative of the person abducted, and (b) his\nsole purpose was to assume control of such person.\n

§ 135.35 Labor trafficking.\n A person is guilty of labor trafficking if he or she compels or\ninduces another to engage in labor or recruits, entices, harbors, or\ntransports such other person by means of intentionally:\n 1. requiring that the labor be performed to retire, repay…

§ 135.36 Labor trafficking; accomplice.\n In a prosecution for labor trafficking, a person who has been\ncompelled or induced or recruited, enticed, harbored or transported to\nengage in labor shall not be deemed to be an accomplice.\n

§ 135.37 Aggravated labor trafficking.\n A person is guilty of aggravated labor trafficking if he or she\ncompels or induces another to engage in labor or recruits, entices,\nharbors, or transports such other person to engage in labor by means of\nintentionally unlawfully providi…

§ 135.45 Custodial interference in the second degree.\n A person is guilty of custodial interference in the second degree\nwhen:\n 1. Being a relative of a child less than sixteen years old, intending\nto hold such child permanently or for a protracted period, and knowing\nthat h…

§ 135.50 Custodial interference in the first degree.\n A person is guilty of custodial interference in the first degree when\nhe commits the crime of custodial interference in the second degree:\n 1. With intent to permanently remove the victim from this state, he\nremoves such p…

§ 135.55 Substitution of children.\n A person is guilty of substitution of children when, having been\ntemporarily entrusted with a child less than one year old and intending\nto deceive a parent, guardian or other lawful custodian of such child,\nhe substitutes, produces or retu…

§ 135.60 Coercion in the third degree.\n A person is guilty of coercion in the third degree when he or she\ncompels or induces a person to engage in conduct which the latter has a\nlegal right to abstain from engaging in, or to abstain from engaging in\nconduct in which he or she…

§ 135.61 Coercion in the second degree.\n A person is guilty of coercion in the second degree when he or she\ncommits the crime of coercion in the third degree as defined in section\n135.60 of this article and thereby compels or induces a person to engage\nin vaginal sexual conta…

§ 135.65 Coercion in the first degree.\n A person is guilty of coercion in the first degree when he or she\ncommits the crime of coercion in the third degree, and when:\n 1. He or she commits such crime by instilling in the victim a fear\nthat he or she will cause physical injury…

§ 135.70 Coercion; no defense.\n The crimes of (a) coercion and attempt to commit coercion, and (b)\nbribe receiving by a labor official as defined in section 180.20, and\nbribe receiving as defined in section 200.05, are not mutually\nexclusive, and it is no defense to a prosecu…

§ 135.75 Coercion; defense.\n In any prosecution for coercion committed by instilling in the victim\na fear that he or another person would be charged with a crime, it is an\naffirmative defense that the defendant reasonably believed the\nthreatened charge to be true and that his…

§ 140.00 Criminal trespass and burglary; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Premises" includes the term "building," as defined herein, and any\nreal property.\n 2. "Building," in addition to its ordinary meaning, includes any\n…

§ 140.05. Trespass.\n A person is guilty of trespass when he knowingly enters or remains\nunlawfully in or upon premises.\n Trespass is a violation.\n

§ 140.10 Criminal trespass in the third degree.\n A person is guilty of criminal trespass in the third degree when he\nknowingly enters or remains unlawfully in a building or upon real\nproperty\n (a) which is fenced or otherwise enclosed in a manner designed to\nexclude intruder…

§ 140.15 Criminal trespass in the second degree.\n A person is guilty of criminal trespass in the second degree when:\n 1. he or she knowingly enters or remains unlawfully in a dwelling; or\n 2. being a person required to maintain registration under article\nsix-C of the correcti…

§ 140.17. Criminal trespass in the first degree.\n A person is guilty of criminal trespass in the first degree when he\nknowingly enters or remains unlawfully in a building, and when, in the\ncourse of committing such crime, he:\n 1. Possesses, or knows that another participant i…

§ 140.20 Burglary in the third degree.\n A person is guilty of burglary in the third degree when he knowingly\nenters or remains unlawfully in a building with intent to commit a crime\ntherein.\n Burglary in the third degree is a class D felony.\n

§ 140.25 Burglary in the second degree.\n A person is guilty of burglary in the second degree when he knowingly\nenters or remains unlawfully in a building with intent to commit a crime\ntherein, and when:\n 1. In effecting entry or while in the building or in immediate flight\nt…

§ 140.30 Burglary in the first degree.\n A person is guilty of burglary in the first degree when he knowingly\nenters or remains unlawfully in a dwelling with intent to commit a crime\ntherein, and when, in effecting entry or while in the dwelling or in\nimmediate flight therefro…

§ 140.35 Possession of burglar's tools.\n A person is guilty of possession of burglar's tools when he possesses\nany tool, instrument or other article adapted, designed or commonly used\nfor committing or facilitating offenses involving forcible entry into\npremises, or offenses …

§ 140.40 Unlawful possession of radio devices.\n As used in this section, the term "radio device" means any device\ncapable of receiving a wireless voice transmission on any frequency\nallocated for police use, or any device capable of transmitting and\nreceiving a wireless voice…

§ 145.00 Criminal mischief in the fourth degree.\n A person is guilty of criminal mischief in the fourth degree when,\nhaving no right to do so nor any reasonable ground to believe that he or\nshe has such right, he or she:\n 1. Intentionally damages property of another person; o…

§ 145.05 Criminal mischief in the third degree.\n A person is guilty of criminal mischief in the third degree when, with\nintent to damage property of another person, and having no right to do\nso nor any reasonable ground to believe that he or she has such right,\nhe or she:\n 1…

§ 145.10 Criminal mischief in the second degree.\n A person is guilty of criminal mischief in the second degree when with\nintent to damage property of another person, and having no right to do\nso nor any reasonable ground to believe that he has such right, he\ndamages property …

§ 145.12 Criminal mischief in the first degree.\n A person is guilty of criminal mischief in the first degree when with\nintent to damage property of another person, and having no right to do\nso nor any reasonable ground to believe that he has such right, he\ndamages property of…

§ 145.13 Definitions.\n For the purposes of sections 145.00, 145.05, 145.10 and 145.12 of this\narticle:\n "Property of another" shall include all property in which another\nperson has an ownership interest, whether or not a person who damages\nsuch property, or any other person,…

§ 145.14 Criminal tampering in the third degree.\n A person is guilty of criminal tampering in the third degree when,\nhaving no right to do so nor any reasonable ground to believe that he\nhas such right, he tampers with property of another person with intent\nto cause substanti…

§ 145.15 Criminal tampering in the second degree.\n A person is guilty of criminal tampering in the second degree when,\nhaving no right to do so nor any reasonable ground to believe that he\nhas such right, he or she tampers or makes connection with property of a\ngas, electric,…

§ 145.20 Criminal tampering in the first degree.\n A person is guilty of criminal tampering in the first degree when,\nwith intent to cause a substantial interruption or impairment of a\nservice rendered to the public, and having no right to do so nor any\nreasonable ground to be…

§ 145.22 Cemetery desecration in the second degree.\n A person is guilty of cemetery desecration in the second degree when:\n(a) with intent to damage property of another person, and having no\nright to do so nor any reasonable ground to believe that he has such\nright, he damage…

§ 145.23 Cemetery desecration in the first degree.\n A person is guilty of cemetery desecration in the first degree when\nwith intent to damage property of another person, and having no right to\ndo so nor any reasonable ground to believe that he has such right, he:\n (a) damages…

§ 145.25 Reckless endangerment of property.\n A person is guilty of reckless endangerment of property when he\nrecklessly engages in conduct which creates a substantial risk of damage\nto the property of another person in an amount exceeding two hundred\nfifty dollars.\n Reckless…

§ 145.26 Aggravated cemetery desecration in the second degree.\n A person is guilty of aggravated cemetery desecration in the second\ndegree when, having no right to do so nor any reasonable ground to\nbelieve that he or she has such right, he or she opens a casket, crypt,\nor si…

§ 145.27 Aggravated cemetery desecration in the first degree.\n A person is guilty of aggravated cemetery desecration in the first\ndegree when such person commits the crime of aggravated cemetery\ndesecration in the second degree and has been previously convicted\nwithin the pas…

§ 145.30 Unlawfully posting advertisements.\n 1. A person is guilty of unlawfully posting advertisements when,\nhaving no right to do so nor any reasonable ground to believe that he\nhas such right, he posts, paints or otherwise affixes to the property of\nanother person any adve…

§ 145.35 Tampering with a consumer product; consumer product defined.\n For the purposes of sections 145.40 and 145.45 of this article,\n"consumer product" means any drug, food, beverage or thing which is\ndisplayed or offered for sale to the public, for administration into or\ni…

§ 145.40 Tampering with a consumer product in the second degree.\n A person is guilty of tampering with a consumer product in the second\ndegree when, having no right to do so nor any reasonable ground to\nbelieve that he has such right, and with intent to cause physical injury\n…